Forbs v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — No». J. L. Fort, Judge. (1) A release is construed as a covenant not to sue. Arnett v. Bailway, 64 Mo. App. 368. (2) Then, as a release is a simple contract not to sue, it must he supported by a valuable consideration. The promise of the servant, in this case, not to sue, was made wholly without consideration, the alleged release being a mere nudum pactum, and can not be enforced at law.
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Appeal from Butler Circuit Court. — No». J. L. Fort, Judge. (1) A release is construed as a covenant not to sue. Arnett v. Bailway, 64 Mo. App. 368. (2) Then, as a release is a simple contract not to sue, it must he supported by a valuable consideration. The promise of the servant, in this case, not to sue, was made wholly without consideration, the alleged release being a mere nudum pactum, and can not be enforced at law. Clark on Contracts, p. 153, sec. 66; 1 Parsons, on Contracts (6 Ed.), p. 447; Broom’s Legal Maxims (8 Ed.), p. 745. (3) “ Though the consideration need not be adequate to…
1Opinion of the CourtRetburn, J.
1. Prom judgment,in an action for damages for personal injuries upon verdict for defendant rendered by a jury, in obedience to an impera*665tive instruction to so find, given by tbe court at close of tbe testimony introduced by Mm, plaintiff bas appealed. At the threshold of this case, we are confronted by the objection of respondent to the record on the ground that the evidence, which was made up entirely of oral testimony elicited from plaintiff and his witnesses, was not properly embodied in the bill of exceptions. At the June term, 1903, plaintiff’s motion for a new trial, filed! at the June…
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